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Some acts are clearly forms of theft, but what about the borderline cases? An expert applies Jewish law on theft to some workplace scenarios and shows its theological underpinnings. Reprinted with permission from The Challenge of Wealth: A Jewish Perspective on Earning and Spending Money (Jason Aronson).
“Who is a thief? One who stealthily takes money [or an asset] that belongs to another without the knowledge [or consent] of the owner; for example, he who puts his hand into the pocket of another and takes out his money, without the owner being aware of it. However, one who publicly takes [another’s property] by force, and against the owner’s will, is not a thief but a gazlan, a robber” (Maimonides, Mishneh Torah, Laws of Theft 1:3,4). In accordance with this definition, Maimonides includes within the laws of theft also fraud through weights and measures, as well as forbidding the buying of stolen goods.
In almost all countries today, legislation exists to prosecute thieves and to prevent theft. Similarly, weights and measures are regulated in many countries by public authorities, and infractions carry penalties, thus protecting society against abuse. The halakhic [Jewish legal] rules, therefore, might seem superfluous were it not for the insistence that theft refers to stealthy and secret acts. Most economic crimes are conducted in exactly this atmosphere.
A whole area of accepted business practices exists within which the distinction between moral and immoral acts is blurred. Gray areas develop within which the individual operates without being able to discuss openly what forms of behavior are permissible. In this secretive atmosphere, a pattern of underground anti-ethical actions is easily developed. Here the rabbinic discussion of theft, stealth, and secretive crimes is a pertinent one as it creates a moral climate within which people are able to operate ethically.
Perhaps two examples will suffice to make clear the halakhic distinction between permissible and nonpermissible actions that may be considered to be theft.
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